In a judgment pronounced on May 10, 2013, Justice O’Reilly of the Federal Court of Canada, granted Apotex’s claim against Pfizer for section 8 damages under Canada’s Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. The sole issue before the Court was whether Apotex had a valid claim to damages. The amount is to be determined in a subsequent proceeding. For the full written decision see: Apotex v. Pfizer Canada Inc., 2013 FC 493.
The section 8 claim arises out of a failed prohibition proceeding. In early 2000, Apotex sought approval for its generic version of ZITHROMAX (azithromycin), … Continue Reading
The recent McCarthy Tétrault Technology Law Summit included a panel on “Key Developments in IP Law,” featuring James Skippen, Chairman and Chief Executive Officer, WiLAN Inc. and McCarthy Tétrault partners Beth MacDonald, David Gray and Barry Sookman. Paul Armitage, another McCarthy Tétrault partner, moderated the panel.
James Skippen commented on the growing awareness of the value of intellectual property, and patents, in particular. He observed that, instead of being a neglected asset class, patents are playing a more prominent role, and may even, in some circumstances, exceed the value of a company’s other assets.
After describing WiLAN Inc.’s history … Continue Reading
In a surprising move, less than one month after the much publicized Federal Court of Appeal decision in Canada (AG) v. Amazon.com, Inc., the Commissioner of Patents has allowed Amazon’s “one-click” patent application containing the same claims that were reviewed by the Federal Court of Appeal.
As we previously reported, the Federal Court of Appeal issued its decision on November 24, 2011. The three-judge panel allowed the appeal in part and directed the Commissioner of Patents to resume examination of the patent application on an expedited basis in accordance with the Court of Appeal’s reasons. The parties had … Continue Reading